Malaysia Case Law

7 Mar 2025

Abdul Ghani Bin Mohd Noor 1. ) MOHAMAD HAIZIR ASRAF BIN MOHAMAD TARMIZI 2. ) EMBI MOHD RIDZUAN BIN MAT HUSSIN PENCELAH PACIFIC & ORIENT INSURANCE CO. BERHAD

Citation

BI-A53KJ-60-11/2022 (Mahkamah Sesyen)

Court

Sessions Court

Case number

BI-A53KJ-60-11/2022 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff proved the collision between his car and the first defendant's motorcycle; the first defendant is 100% liable; the third defendant failed to prove fraud; loss of earnings award limited to four months based on medical and employment evidence.

• Liability
• Quantum of damages
• Insurance fraud
• Evidence presumptions

8 Mar 2022

POOBALAN A/L RAJAH

Citation

WA-62K-99-04/2018 (Mahkamah Sesyen)

Court

Sessions Court

Case number

WA-62K-99-04/2018 (Mahkamah Sesyen)

The court found prosecution proved the elements of deception and inducement under Section 420 by showing the accused submitted misleading medical documents and induced the insurer to pay RM1,013,067.67; forensic medical evidence and surveillance contradicted the accused's claimed stroke, payments were traced to the accused and disposed of, satisfying elements of s4(1)(b) AMLATFPUAA; therefore the accused was convicted on both charges and sentenced accordingly.

• Insurance fraud
• Deception
• Section 420 penal code
• Amlatfpuaa s4(1)(b)
• Sentencing

ASEAN SECURITY PAPER MILLS SDN BHD V. MITSUI SUMITOMO INSURANCE (MALAYSIA) BHD

Citation

ASEAN SECURITY PAPER MILLS SDN BHD V. MITSUI SUMITOMO INSURANCE (MALAYSIA) BHD

Court

Malaysian court

The Federal Court refused the review because r.137 and the court's inherent jurisdiction do not permit re‑examination of the court's own factual findings on appeal except in very limited exceptional circumstances (fraud, lack of quorum, clear statutory breach, inadvertence, bias), no such ground was established here, and permitting the review would undermine finality and encourage judge‑shopping.

• Review jurisdiction
• Inherent jurisdiction
• Finality of judgments
• Insurance fraud
• Agency and company liability
• Rule 137 rfc 1995